Failure To Remain At A Road Accident - QLD
What the law says
Section 92 of the Transport Operations (Road Use Management) Act Queensland states:
- The driver of any vehicle, tram or animal involved on any road, or of any motor vehicle involved elsewhere than on a road, in an incident resulting in injury to or death of any person or damage to any property (including any animal in the charge of any person) shall-
(c) if any person is injured-
- (i) remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and
- (ii) make reasonable endeavours to obtain such medical and other aid as may reasonably be
required for the injured person
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
(1) Was a driver of
- (a) a vehicle, tram or animal on any road, or
- (b) any motor vehicle anywhere other than a road; and
(2) Was involved in an incident that
- (a) resulted in injury to any person, or
- (b) resulted in death of any person, or
- (c) damage to any property (including animals), and
(3) Failed to remain at or near the scene and render as much assistance to the injured person as the accused could; and
(4) Failed to make reasonable endeavours to obtain medical or other aid that is reasonably required for the injured person.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
- (a) if death or injury is caused to any person-20 penalty units or imprisonment for 1 year; or
- (b) otherwise-10 penalty units or 6 months imprisonment.
Under section 92(4) of the Transport Operations (Road Use Management) Act (Qld), if the accident involves an injured person and the driver shows 'callous disregard' the court must impose a period of imprisonment. For more information on callous disregard, please click here.
Penalty unit = $100.00
Which court will hear the matter
Under section 3(5) of the Criminal Code Act Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.
Possible defences to this offence include but are not limited to
1. The accused was not involved in the crash.
2. There was in fact no crash.
3. There was in fact no crash involving any injury or death to any person or any damage to any property.
4. The accused did in fact stop and remain at the scene.
5. Duress - example: there was a threat of harm against the accused or another person that the accused reasonably believe would be carried out if he/she did not flee the scene.
6. Necessity - examples:
- (a) The driver was injured and required medical attention and thereby had to leave the scene;
- (b) Another person was injured and required medical attention and thereby the driver had to leave the scene.
8. Identification i.e. the accused was not the driver in the crash
9. Mistake of fact - examples: The accused had an honest and reasonable, but mistaken belief that he/she were not involved in a collision that required him/her to stop (i.e. they believed the damage was less than $2500).
Lawful Excuse - example: The other person/s involved in the crash fled and the accused thereby had no reason to stop and remain at the scene.